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Tech billionaire Elon Musk’s pro-Trump political group can continue for now with its $1 million a day giveaway to voters, after a state judge in Philadelphia denied an attempt by the city’s district attorney to block it.

After a<b> </b>hearing lasting more than five hours, Judge Angelo Foglietta (D) declined Monday to issue an injunction against America PAC.

Foglietta did not immediately explain his ruling and, in a one-page order, said he planned to release a more detailed opinion soon, the <a href="https://www.inquirer.com/politics/larry-krasner-lawsuit-elon-musk-hearing-20241104.html" target="_blank">Philadelphia Inquirer reported</a>.

Philadelphia District Attorney Larry Krasner (D) <a href="https://www.washingtonpost.com/technology/2024/10/31/elon-musk-voter-sweepstakes-federal-court/" target=_blank>filed the suit</a> against Musk and his super PAC last month, alleging that the daily $1 million giveaways violated state laws regulating lotteries and protecting consumers.

The PAC says the giveaway is open to registered voters in Pennsylvania and other swing states who signed a petition saying they support free speech and the right to bear arms.

In a Monday filing, Krasner’s team cited a post by America PAC that said the group will be “randomly awarding $1 million every day from now until Election Day to registered Pennsylvania Voters.”

Attorneys for Musk argued in Monday’s hearing that handing out $1 million checks to swing-state voters did not violate the law because the recipients are not random sweepstakes winners and are instead selected to be paid spokespeople for America PAC, <a href="https://www.reuters.com/legal/judge-weighs-challenge-elon-musks-1-million-voter-giveaway-2024-11-04/" target="_blank">according to Reuters</a>.

Chris Gober, an attorney for the PAC, said during the hearing that there was “no ‘prize’ to be won” as part of the giveaway, <a href="https://www.inquirer.com/politics/larry-krasner-lawsuit-elon-musk-hearing-20241104.html" target="_blank">according to the Inquirer</a>. “Instead recipients must fulfill contractual obligations to serve as spokesperson for the PAC.” A spokesperson for America PAC declined to comment.

John Summers, an attorney working with Krasner’s office on the case, described the framing of the sweepstakes by Musk’s lawyers as a selection process for spokespeople as a “profound, devastating, and widespread deception,” the Inquirer reported. “If their story is true … that they vetted [winners] and it wasn’t actually chance, it’s one of the great scams of the last 50 years.”

The <a href="https://www.washingtonpost.com/national-security/2024/10/24/doj-elon-musk-1-million-giveaway-election-laws/?itid=lk_inline_manual_4&itid=lk_inline_manual_41&itid=lk_inline_manual_24" target=_blank>Justice Department issued a separate warning last month</a> saying that America PAC’s contest could be illegal under federal law prohibiting groups and individuals from bribing people to register to vote.

Shortly before the Philadelphia ruling was announced on Monday, America PAC announced the $1 million daily “earner” — named as Josh Offenhartz of Phoenix — and posted a <a href="https://x.com/america/status/1853563318847639766/video/1" target=_blank>video</a> appearing to show him holding a large paper check.

The PAC’s website said early Tuesday that a winner from Michigan would be announced on Election Day — the last scheduled day of the sweepstakes.

The case has <a href="https://www.washingtonpost.com/technology/2024/10/31/elon-musk-voter-sweepstakes-federal-court/" target=_blank>shone a spotlight on America PAC</a>, which is running one of the most prominent independent get-out-the-vote operations for Trump. Musk has put himself front and center in the final stretch of the campaign, appearing at numerous rallies and using X as a megaphone for the Republican candidate.

Musk, who has donated at least $118 million to America PAC since forming it in the spring, is named as a defendant in the case and was ordered to appear in court Monday. He did not attend.

The PAC’s treasurer, Chris Young, was questioned on the stand,<a href="https://www.reuters.com/legal/judge-weighs-challenge-elon-musks-1-million-voter-giveaway-2024-11-04/" target=_blank> </a><a href="https://www.reuters.com/legal/judge-weighs-challenge-elon-musks-1-million-voter-giveaway-2024-11-04/" target=_blank>according to Reuters</a>.

After the hearing, Dustin Slaughter, a spokesperson for Krasner’s office, said, “A lot of truth came out in court today, and it was jaw-dropping.” Slaughter added, “Stay tuned.”

<i>Will Oremus and Aaron Schaffer contributed to this report.</i>

Pulitzer Prize finalist for investigative reporting, 2023 

Livingston Award finalist, 2023

Investigative Reporters and Editors Award for outstanding watchdog journalism, 2022

Scripps Howard finalist for excellence in multimedia journalism, 2023

Boston University, BA in journalism

Trisha Thadani joined The Washington Post in 2023 from the San Francisco Chronicle. She covers the technology industry.

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Forbes 30 Under 30, Media & Marketing Europe, 2020

Gracie Awards, Original Online News Programming, 2020

MHP 30 To Watch: Young Journalist Award, 2019

Georgetown University, Bachelor of Science in Foreign Service

Annabelle Timsit is a breaking news reporter for The Washington Post's London hub, covering news as it unfolds in the United States and around the world during the early morning hours in Washington.

Annabelle Timsit

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Musk’s $1 million voter giveaway can continue, Pennsylvania judge says

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FILE PHOTO: Tesla CEO and X owner Elon Musk speaks about voting during an America PAC Town Hall, in Folsom

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